At their Jan. 28 meeting, trustees discussed creation of new positions that could bring some workers back at reduced pay rates. Wednesday night, Superintendent Dick Glock addressed that possibility. “Just because someone gets a layoff doesn’t mean that position is gone,” he said. [Ledger-Dispatch, 02/13/09]
According to the California Education Code, there are only two legal reasons a school district can layoff employees; lack of work or lack of funds. In either case, the district is declaring that the position is in fact “gone.” If it is not “gone” the employees cannot be laid-off. Additionally, positions cannot be eliminated then re-created in order to get around the law. This includes lowering the rate of pay for the positions. These are all matters subject to bargaining.
If the district continues on its illegal path, the California School Employees Association will be left with no alternative but to pursue legal action against the district. In the long run, the district will end up spending more money than it would have saved had it just considered and accepted the unions furlough proposal.
The rumblings of recall have already begun, and the Board of Trustees would be well advised to begin listening to the community who elected them rather than the Superintendent whom they supposedly hire to work for them, not they for he.
Note: This is a personal opinion and does not necessarily represent the position of the California School Employees Association or it Amador chapters.
